Legal Opinion
United States v. Hetrick
Court of Appeals for the Ninth Circuit
Decided September 16, 1980No. Nos. 80-1171, 80-7192PublishedCited by 34 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
The government appeals, and alternatively seeks mandamus, to obtain review of the district court’s order reducing, pursuant to Fed.R.Crim.P. 35, appellee’s sentence of imprisonment from five to three years. We conclude that the government may appeal the district court’s order under 18 U.S.C. § 3731; accordingly, mandamus is unavailable. We further conclude that Rule 35 does not empower the district court to enter the challenged order; therefore, we reverse.1
After a jury trial in federal district court, William Hetrick was convicted of mail fraud, securities fraud,…
2Cases cited15 opinions
- United States v. AddonizioSupreme Court of the United States · 1979
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. WilsonSupreme Court of the United States · 1975
- Will v. United StatesSupreme Court of the United States · 1967
- Ex Parte United StatesSupreme Court of the United States · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State Bar of Nevada v. ClaiborneNevada Supreme Court · 1988
- United States v. Laurence John LaytonCourt of Appeals for the Ninth Circuit · 1983
- Jose Gubiensio-Ortiz v. Al Kanahele, Warden, Metropolitan Correctional Center, San Diego, California, United States of America v. Raul Chavez-SanchezCourt of Appeals for the Ninth Circuit · 1988
- United States v. FernandezCourt of Appeals for the Ninth Circuit · 2000
- United States v. FriedlandDistrict Court, D. New Jersey · 1995
29 more not listed; retrieve them via the Exa API.